1. Case of the complainant is that he is the consumer of respondent, SNGPL Sargodha Region. As at his residence a gas connection bearing Consumer No. 72103900006 is installed and being a bonafide consumer he is paying the Gas Charges regularly. In the month of November, 2011 an extra amount of Rs, 12428/- was charged apart from usual charges and price of the gas consumed. On making complaint the above said amount was deducted but in the next month the same was again included. Complainant prayed that above said transaction be declared unlawful and unjustified and he may be compensated for faulty services of the respondent.
2. In the written statement it was submitted by the Respondent SNGPL, Sargodha that the meter was found tempered as complainant has deliberately caused damaged to the Gas Meter, therefore, amount of Rs, 12428/- was charged to the consumer. The case was fixed for evidence when the respondent did not appear and was proceeded ex-parte. The complainant appeared as PW-1 in support of the claim and produced on record/gas bill for the month of November and December, 2011 along with the receipt of Legal Notice served upon the respondent.
3. The matter in issue is the charging of amount of Rs, 12428/- in the month of November, 2011.
4. Contention of the respondent is that this was price of the meter replaced which was damaged by the complainant by the way of tempering. The onus to prove and establish this fact was on the shoulder of respondent which has alleged the same but as already observed respondent did not choose to appear before the court, therefore, there is nothing on the record to prove this contention. Perusal of the consumption data as appeared from the Gas Bills does not reflect that the said amount is price of the Gas consumed by the complainant. The said amount has been shown against the column of rebate/adjustment. If it is presumed that the meter was tempered by the consumer the department fails to serve any notice to this affect to the consumer. No one can be allowed to be a judge of his own cause. Respondent/SNGPL, Region Sargodha was duty bound to serve the notice on the consumer or at least get his signature on the replacement order of the Gas Meter installed at the premises. It is not the case of respondent that when the meter was found tempered, there was pilferage of gas on the part of the consumer. So it can not be presumed that such tempering or damage in the meter was done deliberately by the consumer himself with some malafide. The gas meters have now been installed out side and even away from the premises by the SNGPL even on thoroughfares. I am failed to understand how can a consumer be held responsible to take care of such meter round the clock. Unless and until concrete proof beyond the reasonable doubt is found available the consumer can not be held responsible for any damage to the meter specially in this case when the respondent has not alleged any sort of undue benefit gained by the consumer. In the absence of rebuttal evidence the case of complaint is established, therefore, complaint is allowed and respondent is directed to make necessary amendment in the Gas Bill by way of deduction of amount Rs, 12428/- from the consumer account within 30 days of the passing of this judgment failing of which law will take its own course. Respondent is further held responsible to pay Rs, 3000/- legal expense to the consumer. As a case of faulty services on the part of respondent has been established beyond any doubt, therefore, respondent Company is directed to pay Rs, 5000/- as the fine in the State Treasury. File be consigned to record room after due completion.